Disclaimer: This page is informational only and is not legal advice. Laws change and every case is different. Consult a licensed Virginia attorney to get advice about your specific situation.
Detailed Answer
If an accident in Virginia makes a pre-existing back condition worse, you can often recover damages for the aggravation. Virginia law allows recovery for injuries a defendant causes or substantially contributes to, even if the plaintiff had a prior condition that made the injury worse. The key legal concepts you need to understand are causation, the scope of damages, proof, and Virginia’s unusual rule on negligence.
1. Causation: showing the accident aggravated your back
To recover, you must prove that the accident was a cause of the increased pain, disability, or need for treatment. That means showing by a preponderance of the evidence that the accident either directly caused new injury to your back or materially aggravated the pre-existing condition. Medical records, imaging (MRI, X‑rays), treating-provider notes, and expert testimony are the usual ways to prove causation. Differential diagnosis and a medical opinion tying the change in your condition to the accident are particularly important.
2. You “take the plaintiff as you find them”
Virginia follows the general tort principle often called the “eggshell plaintiff” rule: if a defendant’s conduct causes harm, the defendant is responsible for the full extent of that harm even if the plaintiff was more vulnerable because of a pre-existing condition. That means a defendant cannot escape liability simply because your back was already weak or injured before the crash.
3. Types of damages you can seek
- Past medical expenses related to the aggravation.
- Future medical costs if the aggravation requires ongoing care.
- Pain and suffering tied to the worsening of your condition.
- Lost wages and loss of earning capacity caused by the aggravated injury.
- Costs of assistive devices, home modifications, or physical therapy resulting from the aggravation.
4. Burden of proof and evidence
You must show causation and damages by a preponderance of the evidence (more likely than not). Useful evidence includes:
- Medical records from before and after the accident to show a change in condition.
- Provider notes that describe new symptoms or worsening function after the accident.
- Diagnostic imaging comparisons (before vs. after) when available.
- Work records showing missed time or reduced duties due to the aggravated condition.
- Expert medical testimony establishing that the accident caused or materially aggravated the condition.
5. Virginia’s contributory‑negligence rule
Unlike most states, Virginia applies a strict contributory negligence rule. If your own negligence contributed to the accident that caused the aggravation, even slightly, it can completely bar recovery. Because this rule is harsh, the facts around how the accident happened and whether your conduct played any role are critical. Talk with a Virginia attorney promptly to assess how contributory negligence may affect your claim.
Be mindful of deadlines. Personal injury claims in Virginia are subject to time limits. See Virginia Code Title 8.01 for civil actions and the limitations that apply. For example, personal injury limitations are set out in the Virginia Code; make sure you act before the applicable statute of limitations runs.
Virginia Code, Title 8.01 — Civil Remedies and Procedure: https://law.lis.virginia.gov/vacode/title8.01/
Personal injury statute of limitations (example entry point): https://law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-243/
6. Practical obstacles and how to address them
- Insurance adjusters may argue your symptoms were pre-existing and unrelated to the crash. Detailed medical timelines and provider opinions reduce this risk.
- Insurers may seek to minimize future care costs. Expert testimony helps support reasonable future-care estimates.
- If you delayed treatment after the accident, the defense may claim the aggravation was not caused by the crash or that you failed to mitigate damages. Seek prompt medical attention and follow treatment recommendations.
7. When to consult an attorney
Talk to a Virginia personal injury attorney if you have medical bills, persistent or worsening symptoms, or if the insurer denies full compensation. An attorney can evaluate causation issues, protect your rights against contributory‑negligence defenses, preserve evidence, and calculate present and future damages.
Helpful Hints
- Seek medical care right away after the accident and follow through with recommended treatment. Early treatment strengthens causation evidence.
- Get copies of all medical records from before and after the accident. A clear pre‑/post‑injury timeline is essential.
- Tell each treating provider the full history of your symptoms and how the accident affected your condition.
- Keep a pain and symptom diary documenting changes, limitations, and treatment effects.
- Preserve evidence: photos of the accident, witness names, and any surveillance or vehicle damage photos.
- Don’t sign releases or accept a settlement without knowing the full extent of future medical needs. Early settlements may foreclose claims for future care.
- Act promptly. Virginia limits how long you have to file a lawsuit. See https://law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-243/ for the statute of limitations entry point.
- Given Virginia’s contributory‑negligence rule, consult a local attorney early to assess any risk that your conduct could bar recovery.
If you want help finding an attorney in Virginia who handles personal injury cases involving pre‑existing conditions, consider contacting your local bar association or a Virginia licensed personal injury lawyer for a consultation.